CrewPass Terms & Conditions for Crew Users
Before you complete your registration
We ask you to carefully read these Terms & Conditions before completing your registration and enrolment and using CrewPass. These Terms & Conditions govern your use of CrewPass. You must be 18 years or older to use CrewPass.
BY COMPLETING THE CREWPASS REGISTRATION AND ENROLMENT FORM AND CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" BOX, YOU REPRESENT THAT YOU ARE 18 YEARS OR OLDER AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS, INCLUDING THE CREWPASS Acceptable Use Policy AND Privacy Policy.
The Android application requires a phone with the operating system Android 6.0 (API level 23) or above. The iOS application requires a phone with the operating system iOS 13 or above (iPhone 7 and above). We will notify you if these requirements change.
Once you have completed your registration and enrolment and submitted all the necessary data and information to us, our acceptance of your registration will take place when we notify you by email that your registration is successful, at which point a contract will come into existence between you and us.
By completing your registration with CrewPass you understand and agree that you will be entering into a subscription contract with CrewPass Ltd for a 2-year period, during which time you will be liable for paying the subscription fee for so long as the contract has not been ended as permitted under these Terms and Conditions.
Who we are and how to contact us
CrewPass Limited is a limited liability company incorporated in England & Wales with registered number 10842250 and with registered address at F1 Adanac North, Adanac Drive, Southampton, Hampshire, England SO16 0BT, United Kingdom ("we", "us", "our").
To contact us, please email info@crewpass.co.uk. For purposes of providing any notices permitted hereunder or for any inquiries, please contact us at: info@crewpass.co.uk.
IMPORTANT NOTICE: CrewPass Ltd has designed the proprietary CrewPass solution (CrewPass) and CrewPass mobile application (the App). CrewPass is intended to (i) allow us to facilitate global background checks and ID verification to enhance your chances of employment on a maritime vessel; (ii) to allow you to upload certain discretionary data and personal information, including medical information to CrewPass; (iii) act as a contactless monitoring and tracking of your movements onboard, including the embarkation on and disembarkation off the vessel employing you; (iv) provide you with specific vessel information such as crew watch rotas and access to in and out boards; and (v) to keep you in contact with other crew members, including through private and group chat facilities.
1. CrewPass Terms and Conditions
The following terms and conditions of use (Terms & Conditions) are entered into between CrewPass Ltd (us, we, our) and you (and your representatives and successors) as the user of CrewPass (you, your, User).
By using CrewPass, you confirm that you accept these Terms & Conditions and that you agree to comply with them. If you do not agree to these Terms & Conditions, you must not register and enrol to use CrewPass and you must not use CrewPass.
By completing the registration and enrolment process with CrewPass, you agree to the following additional terms and conditions (updated from time to time) that will apply to you and govern your use of CrewPass and which will form an integral part of these Terms & Conditions: The CrewPass App Terms of Use; and the CrewPass Acceptable Use Policy; and the Privacy Policy.
No employment agency or vessel owner or manager, or their respective employees and representatives, are authorized to vary these Terms & Conditions.
2. When we provide the CrewPass services
We will supply the services relating to CrewPass to you until following your successful registration with us until your subscription expires, or you end the contract as described in these Terms & Conditions or we end the contract by written notice to you.
The period of your subscription is for 2 years and these Terms & Conditions apply during this period. Either you or we can end this contract as described in these Terms & Conditions during the 2-year period. At the end of the 2-year period, you will need to renew your subscription with us in order to continue to use CrewPass.
3. Your use of CrewPass
On and from the date of registration you consent to us starting to provide the CrewPass services to you and that one of the first services to be provided is that we will have a criminal record check or background check report undertaken on you for CrewPass. By providing this consent you understand that you will be affecting your rights in relation to any refund that you will be entitled to if you change your mind and cancel the subscription within the 14-day cooling-off period.
You agree to the following as a condition of your use of CrewPass:
- You will provide all required information to create your User account and agree that such information will at all times be true, accurate, current and complete.
- You will at all times maintain and keep current the information associated with your User account.
- You will not impersonate any person or use an alias.
- You will not grant access to, share or otherwise allow any other person but you to use your credentials for CrewPass.
- You may not otherwise rent, lease, sub-license, loan, transfer, or otherwise make available your CrewPass account to someone else.
- You will comply at all times with all laws and regulations that may apply to your journeys on your designated vessel.
- You will not access CrewPass by any other means than through your user account, using your log-in particulars.
4–6. Information, suspension and payment
We may need certain information from you so that we can supply CrewPass to you (for example, your name, date of birth, address, nationality, contact details, information required for criminal or background searches and screening and yachting qualifications). If you do not give us this information within a reasonable time, we may either end the contract or make an additional charge.
We reserve the right to suspend CrewPass or your access in order to deal with technical problems, for operational or security reasons, where we have reason to believe you are in breach of these Terms & Conditions or any of our policies, or where we are obliged to comply with an order or request of any government or regulatory authority.
If you do not pay us when you are supposed to and you still do not make payment within 7 days of us reminding you, we may suspend your access to CrewPass until you have paid the outstanding amounts.
We accept payment for your subscription from any major credit or debit card. When you provide your card details, we will set up a continuous payment authority. You can cancel this authority at any time by contacting us at info@crewpass.co.uk.
7–9. Account protection, system security, third-party services
You must treat your user identification code, password and unique CrewPass ID as confidential. You are responsible for all activities occurring in your account. We will use commercially reasonable efforts to provide reliable and secure access to CrewPass but we do not guarantee secure and reliable access at all times. Your access to CrewPass is contingent upon services made available by third-party providers. We are not responsible for the extent and quality of services made available to you by third-party services.
CrewPass may provide links to other Internet sites or resources. Such links are provided for convenience only. We have no control over them and we are not responsible for their availability or content.
12. Privacy
We are committed to respecting and protecting your privacy. We process your personal information in compliance with applicable data protection legislation. CrewPass stores your personal information provided by you or a third party on your behalf and with your consent, and can only be accessed by others when you consent and share it through your use of CrewPass.
We only use any personal data we collect through your use of CrewPass in the ways set out in our privacy policy. To learn more about the processing of your personal information, please read the CrewPass Privacy Policy.
You expressly consent to us transferring your personal data on CrewPass to jurisdictions outside of the EEA for purposes of providing the CrewPass services.
13. Uploading content to CrewPass
Whenever you make use of a feature that allows you to upload content to CrewPass, or to make contact with other users of CrewPass, you must comply with the content standards set out in our Acceptable Use Policy. This does not apply to any personal data required to be uploaded in order to use CrewPass which shall be treated in accordance with our CrewPass Privacy Policy.
You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. We have the right to remove any posting you make on CrewPass if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
14–19. Viruses, intellectual property, complaints
We do not guarantee that CrewPass will be secure or free from bugs or viruses. You must not misuse CrewPass by knowingly introducing viruses or other malicious material. We are the owner or the licensee of all intellectual property rights in CrewPass. You may print off one copy and may download extracts for your personal use only. You shall not conduct any text or data mining or web scraping in relation to CrewPass.
CrewPass may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. If you wish to complain about content uploaded by other users, please contact us at info@crewpass.co.uk.
We grant to you a single user, personal, limited, non-exclusive license to access and use CrewPass for your sole personal use and for the purposes as set out in these Terms & Conditions. Any and all information and materials published, stored or uploaded by you (User Content) shall remain your property. You grant to us a worldwide, non-exclusive, perpetual, royalty-free license to use the User Content for the purposes for which it was uploaded and in accordance with these Terms & Conditions.
20–23. Warranty, liability, indemnification
CrewPass and all features and services linked to CrewPass are provided without any warranty, representation or condition whatsoever, express or implied. We disclaim any warranty in respect of CrewPass. We provide CrewPass on an "as is" and "as available" basis. Your use of CrewPass may or may not result in employment on any particular vessel; such decisions are made by the relevant owners or managers and are outside the scope of CrewPass.
To the maximum extent permitted by applicable law, we disclaim any and all liability for any loss, injury, claim, liability or damages of any kind arising out of the use of, or inability to use, CrewPass. In the event we are held liable under this contract our maximum aggregate liability to you is the annual subscription fee paid by you in the 12 months preceding the event giving rise to the liability.
You agree to indemnify and hold harmless us, our affiliates and representatives from and against any action, claim, loss, damages, liabilities and costs that we may incur in relation to your use of CrewPass, including your breach of the Acceptable Use Policy or these Terms & Conditions.
We are responsible to you for foreseeable loss and damage caused by us. We do not exclude or limit our liability where it would be unlawful to do so (including liability for death or personal injury caused by our negligence, for fraud, or for breach of your legal rights).
24–26. Termination, deactivation, changes
You have a legal right to change your mind within 14 days after we confirm your registration and to receive a refund, subject to deductions for services already provided (including any criminal record or background check report undertaken). You may at any time request us to deactivate your account. To end the contract with us, please email customer services at info@crewpass.co.uk. Please provide your name, home address, unique CrewPass ID where available, and your phone number and email address.
We reserve the right to terminate, suspend or cancel your access to CrewPass without prior notice in the event of your breach of the Acceptable Use Policy, your breach of these Terms & Conditions, or if you fail to maintain your account in good standing.
The features of CrewPass and the contents of these Terms & Conditions may be amended or supplemented by us at any time. Your continued use of CrewPass will serve as your confirmation that you have read, understood and agreed to be bound by the Terms & Conditions as they are then expressed.
32–35. Governing law, arbitration, transfer
These Terms & Conditions and all matters between you and us will be governed by and construed in accordance with the laws of England. You irrevocably agree to submit to the exclusive personal jurisdiction and venue of the courts sitting in England (except as provided in the arbitration clause).
You agree to resolve disputes only on an individual basis, through arbitration. Disputes that cannot be resolved shall be referred to and resolved exclusively by way of final and binding arbitration with the London Court of International Arbitration (LCIA) under the LCIA Rules. The seat of arbitration shall be London, England. The language shall be English.
We may transfer our rights and obligations under these Terms & Conditions to another organisation or any affiliate. We will always tell you in writing if this happens. Unless prevented by law, a dispute under these Terms & Conditions must be noticed for arbitration within one (1) year of the events giving rise to the dispute.